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HETTICK v. STATE

No. 92-03139.

637 So.2d 964 (1994)

Michael HETTICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 3, 1994.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Karen Kinney, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and William I. Munsey, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

Michael Hettick was charged with possession of cocaine (Count I), delivery of cocaine (Count II) and conspiracy to traffic in cocaine (Count III). The jury acquitted him on Counts I and II, and found him guilty on Count III. He now attacks the trial court's refusal to instruct the jury on a lesser included offense to conspiracy to traffic in cocaine. He also challenges the sentence imposed. We find merit in his first point and reverse. The sentencing...

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